Vendor's Right of Preemption Survives Waiver and Expiry of Term

A party, having sold property with a stipulated right of preemption by the vendor, subsequently attempted to sell the same property to a third party after the stipulated preemption period had expired and the vendor had formally waived the right, prompting the original vendor to sue for annulment of the subsequent sale, arguing the initial stipulations created an inalienable right of preemption. The Court of Cassation quashed the lower court's decision that had upheld the subsequent sale, reasoning that a contractual clause granting a right of preemption, even if made after the expiry of a stipulated term and despite a waiver, remains binding on the promisor and any subsequent purchaser with knowledge of the clause, as this stipulation constitutes a recognized property right.